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PHILA. v. PENN PLASTERING CORP.

434 Pa. 122 (1969)

Philadelphia, Appellant, v. Penn Plastering Corporation.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Levy Anderson, First Deputy City Solicitor, with him Thomas A. Matthews, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.

Ronald N. Rutenberg, with him Rutenberg, Rutenberg, Rutenberg and Rutenberg, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, April 23, 1969:

This matter comes before our Court on the appeal of the City of Philadelphia from the decree of the Court of Common Pleas of Philadelphia County, sitting in equity, sustaining the preliminary objections filed by appellee Joseph Ritter to appellant's complaint in equity and dismissing the complaint as to Ritter only. The corporation-defendant sued jointly with Ritter was continued...

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